Texas 2023 - 88th Regular

Texas House Bill HB968 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 968
2	2
3	3
4	4	AN ACT
5	5	relating to procedures in certain suits affecting the parent-child
6	6	relationship filed by the Department of Family and Protective
7	7	Services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 262.101, Family Code, is amended to read
10	10	as follows:
11	11	Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
12	12	CHILD. (a) An original suit filed by a governmental entity that
13	13	requests permission to take possession of a child without prior
14	14	notice and a hearing must be supported by an affidavit sworn to by a
15	15	person with personal knowledge and stating facts sufficient to
16	16	satisfy a person of ordinary prudence and caution that:
17	17	(1) there is an immediate danger to the physical
18	18	health or safety of the child or the child has been a victim of
19	19	neglect or sexual abuse;
20	20	(2) continuation in the home would be contrary to the
21	21	child's welfare;
22	22	(3) there is no time, consistent with the physical
23	23	health or safety of the child, for a full adversary hearing under
24	24	Subchapter C; [and]
25	25	(4) the child would not be adequately protected in the
26	26	child's home with an order for the removal of the alleged
27	27	perpetrator under Section 262.1015 or 262.1016 or a protective
28	28	order issued under Title 4;
29	29	(5) placing the child with a relative or designated
30	30	caregiver or with a caregiver under a parental child safety
31	31	placement agreement authorized by Subchapter L, Chapter 264:
32	32	(A) was offered but refused;
33	33	(B) was not possible because there was no time,
34	34	consistent with the physical health or safety of the child and the
35	35	nature of the emergency, to conduct the caregiver evaluation; or
36	36	(C) would pose an immediate danger to the
37	37	physical health or safety of the child; and
38	38	(6) reasonable efforts, consistent with the
39	39	circumstances and providing for the safety of the child, were made
40	40	to prevent or eliminate the need for the removal of the child.
41	41	(b) The affidavit required by Subsection (a) must describe
42	42	all reasonable efforts that were made to prevent or eliminate the
43	43	need for the removal of the child.
44	44	SECTION 2. Subchapter B, Chapter 262, Family Code, is
45	45	amended by adding Section 262.1016 to read as follows:
46	46	Sec. 262.1016. AGREED ORDER FOR REMOVAL OF ALLEGED
47	47	PERPETRATOR. (a) An alleged perpetrator of abuse or neglect may at
48	48	any time agree in writing to an order under Section 262.1015
49	49	requiring the alleged perpetrator to leave the residence of the
50	50	child. An agreement under this section is subject to the approval
51	51	of the court.
52	52	(b) An agreed order under this section must contain the
53	53	following statement in boldface type and capital letters: "YOUR
54	54	AGREEMENT TO THIS ORDER IS NOT AN ADMISSION OF CHILD ABUSE OR
55	55	NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN ADMISSION
56	56	OF CHILD ABUSE OR NEGLECT."
57	57	(c) An agreed order under this section may not be used
58	58	against an alleged perpetrator as an admission of child abuse or
59	59	neglect.
60	60	(d) An agreed order under this section is enforceable
61	61	civilly or criminally but is not enforceable as a contract.
62	62	(e) At any time, a person affected by an agreed order under
63	63	this section may request the court to terminate the order. The court
64	64	shall terminate the agreed order on finding the order is no longer
65	65	needed and terminating the order is in the best interest of the
66	66	child.
67	67	SECTION 3. Section 262.102(a), Family Code, is amended to
68	68	read as follows:
69	69	(a) Before a court may, without prior notice and a hearing,
70	70	issue a temporary order for the conservatorship of a child under
71	71	Section 105.001(a)(1) or a temporary restraining order or
72	72	attachment of a child authorizing a governmental entity to take
73	73	possession of a child in a suit brought by a governmental entity,
74	74	the court must find that:
75	75	(1) there is an immediate danger to the physical
76	76	health or safety of the child or the child has been a victim of
77	77	neglect or sexual abuse;
78	78	(2) continuation in the home would be contrary to the
79	79	child's welfare;
80	80	(3) there is no time, consistent with the physical
81	81	health or safety of the child and the nature of the emergency, for a
82	82	full adversary hearing under Subchapter C; [and]
83	83	(4) the child would not be adequately protected in the
84	84	child's home with an order for the removal of the alleged
85	85	perpetrator under Section 262.1015 or 262.1016 or a protective
86	86	order issued under Title 4;
87	87	(5) placing the child with a relative or designated
88	88	caregiver or with a caregiver under a parental child safety
89	89	placement agreement authorized by Subchapter L, Chapter 264:
90	90	(A) was offered but refused;
91	91	(B) was not possible because there was no time,
92	92	consistent with the physical health or safety of the child and the
93	93	nature of the emergency, to conduct the caregiver evaluation; or
94	94	(C) would pose an immediate danger to the
95	95	physical health or safety of the child; and
96	96	(6) reasonable efforts, consistent with the
97	97	circumstances and providing for the safety of the child, were made
98	98	to prevent or eliminate the need for removal of the child.
99	99	SECTION 4. Section 262.105, Family Code, is amended by
100	100	amending Subsection (b) and adding Subsection (c) to read as
101	101	follows:
102	102	(b) An original suit filed by a governmental entity after
103	103	taking possession of a child under Section 262.104 must be
104	104	supported by an affidavit stating facts sufficient to satisfy a
105	105	person of ordinary prudence and caution that:
106	106	(1) based on the affiant's personal knowledge or on
107	107	information furnished by another person corroborated by the
108	108	affiant's personal knowledge, one of the following circumstances
109	109	existed at the time the child was taken into possession:
110	110	(A) there was an immediate danger to the physical
111	111	health or safety of the child;
112	112	(B) the child was the victim of sexual abuse or of
113	113	trafficking under Section 20A.02 or 20A.03, Penal Code;
114	114	(C) the parent or person who had possession of
115	115	the child was using a controlled substance as defined by Chapter
116	116	481, Health and Safety Code, and the use constituted an immediate
117	117	danger to the physical health or safety of the child; or
118	118	(D) the parent or person who had possession of
119	119	the child permitted the child to remain on premises used for the
120	120	manufacture of methamphetamine; and
121	121	(2) based on the affiant's personal knowledge:
122	122	(A) continuation of the child in the home would
123	123	have been contrary to the child's welfare;
124	124	(B) there was no time, consistent with the
125	125	physical health or safety of the child, for a full adversary hearing
126	126	under Subchapter C; [and]
127	127	(C) the child would not be adequately protected
128	128	in the child's home with an order for the removal of the alleged
129	129	perpetrator under Section 262.1015 or 262.1016 or a protective
130	130	order issued under Title 4;
131	131	(D) placing the child with a relative or
132	132	designated caregiver or with a caregiver under a parental child
133	133	safety placement agreement authorized by Subchapter L, Chapter 264:
134	134	(i) was offered but refused;
135	135	(ii) was not possible because there was no
136	136	time, consistent with the physical health or safety of the child and
137	137	the nature of the emergency, to conduct the caregiver evaluation;
138	138	or
139	139	(iii) would pose an immediate danger to the
140	140	physical health or safety of the child; and
141	141	(E) reasonable efforts, consistent with the
142	142	circumstances and providing for the safety of the child, were made
143	143	to prevent or eliminate the need for the removal of the child.
144	144	(c) The affidavit required by Subsection (b) must describe
145	145	all reasonable efforts that were made to prevent or eliminate the
146	146	need for the removal of the child.
147	147	SECTION 5. Section 262.107(a), Family Code, is amended to
148	148	read as follows:
149	149	(a) The court shall order the return of the child at the
150	150	initial hearing regarding a child taken in possession without a
151	151	court order by a governmental entity unless the court is satisfied
152	152	that:
153	153	(1) the evidence shows that one of the following
154	154	circumstances exists:
155	155	(A) there is a continuing danger to the physical
156	156	health or safety of the child if the child is returned to the
157	157	parent, managing conservator, possessory conservator, guardian,
158	158	caretaker, or custodian who is presently entitled to possession of
159	159	the child;
160	160	(B) the child has been the victim of sexual abuse
161	161	or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one
162	162	or more occasions and that there is a substantial risk that the
163	163	child will be the victim of sexual abuse or of trafficking in the
164	164	future;
165	165	(C) the parent or person who has possession of
166	166	the child is currently using a controlled substance as defined by
167	167	Chapter 481, Health and Safety Code, and the use constitutes an
168	168	immediate danger to the physical health or safety of the child; or
169	169	(D) the parent or person who has possession of
170	170	the child has permitted the child to remain on premises used for the
171	171	manufacture of methamphetamine;
172	172	(2) continuation of the child in the home would be
173	173	contrary to the child's welfare; [and]
174	174	(3) the child would not be adequately protected in the
175	175	child's home with an order for the removal of the alleged
176	176	perpetrator under Section 262.1015 or 262.1016 or a protective
177	177	order issued under Title 4;
178	178	(4) placing the child with a relative or designated
179	179	caregiver or with a caregiver under a parental child safety
180	180	placement agreement authorized by Subchapter L, Chapter 264:
181	181	(A) was offered but refused;
182	182	(B) was not possible because there was no time,
183	183	consistent with the physical health or safety of the child and the
184	184	nature of the emergency, to conduct the caregiver evaluation; or
185	185	(C) would pose an immediate danger to the
186	186	physical health or safety of the child; and
187	187	(5) reasonable efforts, consistent with the
188	188	circumstances and providing for the safety of the child, were made
189	189	to prevent or eliminate the need for removal of the child.
190	190	SECTION 6. The changes in law made by this Act apply to a
191	191	suit affecting the parent-child relationship that is filed on or
192	192	after the effective date of this Act. A suit filed before the
193	193	effective date of this Act is governed by the law in effect on the
194	194	date that the suit is filed, and the former law is continued in
195	195	effect for that purpose.
196	196	SECTION 7. This Act takes effect September 1, 2023.
197	197	______________________________ ______________________________
198	198	President of the Senate Speaker of the House
199	199	I certify that H.B. No. 968 was passed by the House on May 9,
200	200	2023, by the following vote: Yeas 141, Nays 1, 3 present, not
201	201	voting.
202	202	______________________________
203	203	Chief Clerk of the House
204	204	I certify that H.B. No. 968 was passed by the Senate on May
205	205	23, 2023, by the following vote: Yeas 31, Nays 0.
206	206	______________________________
207	207	Secretary of the Senate
208	208	APPROVED: _____________________
209	209	Date
210	210	_____________________
211	211	Governor